Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Mad) 59802

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mrs. J.NISHA BANU, Mrs. S.SRIMATHY, JJ
The Executive Officer Arulmigu Sri Sutha Rathneswara Swamy Temple Sorakkottai Village Thanjavur District – Appellant
Versus
Sri Sutha Rathneswara Swamy Private Temple Trust Sorakkottai represented by its President and Treasurer of the Trust Madhusudan Dilipsinh Mohite – Respondent
WA(MD). Nos.1149 and 1150 of 2025 | W.P.(MD). Nos. 25273 of 2023 and 12566 of2024

Advocates:
For the Appellants: Mr.V.Chandrasekar
For the Respondents: Mr.K.Mahendran for Mr.T.Ravikumar for R1, Mr.J.Ashok Addl. Government Pleader

The court affirmed the status of the temple as a private trust, ruling against state interference due to the absence of public claims and upheld the rights of hereditary trustees.

Headnote:(A) Tamil Nadu Land Reforms (Fixation of Ceiling of Land) Act - Issues regarding the status of a temple as private or public - The petitioner claiming that the temple is a private trust temple, while the respondents viewed it as public - Court affirms the temple's private trust status due to historical governance and lack of public claim to the property. (Paras 10, 11, 12)

(B) Principles of Natural Justice - Appointment of a Fit Person in the presence of existing hereditary trustees was deemed erroneous and against fair process in temple management. (Paras 6, 9)

Facts of the case:
The appellant, an Executive Officer, contested a Writ petition seeking to declare the temple as a public trust, while the petitioner asserted its private trust status under the amended deed creating the trust in 1943.

Findings of Court:
The court held that the temple remains a private trust, reaffirming that the initial intent and management indicated private nature, rejecting the argument of public interference due to community maintenance.

Issues: The main issues included the validity of a Fit Person's appointment and the ongoing control of the temple's administration by its hereditary trustees versus the state.

Ratio Decidendi: The court reasoned against interference by state authorities in the private management of the temple as it contradicts previous rulings on private vs public temples based on rights and administrative control.

Result: Writ Appeals dismissed.

Table of Content
1. petitioner's claim of temple as a private trust. (Para 1 , 2)
2. historical management indicates private trust. (Para 3)
3. state interference rejected due to natural justice principles. (Para 4 , 5 , 6)
4. ruling affirms private status of the temple. (Para 10 , 11)
5. final order dismissing the appeals. (Para 14)

COMMON JUDGMENT

(Judgment of the Court was delivered by S.SRIMATHY,J.)

Both the writ appeals have raised similar issues, hence both taken together and a common order is passed.

2.(i) The W.A.(MD)No.1149 of 2025 is filed by the Executive Officer, 4^th respondent in the writ petition against the order dated 25.11.2024 passed in W.P. (MD) No.25273 of 2023, wherein the writ petition was filed for Writ of Mandamus to direct the respondents to remove the board immediately that was installed in the land belonging to Shree Sudda Ratheneswara Swamy Private Trust Temple situated at Soorakkottai Village of Thanjavur District based on representation dated 05.09.2023 and consequently direct the respondents to hand over the land to the petitioner Trust.

2.(ii) The W.A.(MD)No.1150 of 2025 is filed by the Fit Person, 5^th respondent in the writ petition against the order dated 25.11.2024 passed in W.P. (MD)No.12566 of 2024, wherein the writ petition was filed for Writ of Certiorarified Mandamus to quash the order dated 19.08.2021 and consequently direct the respondents to handover the administration of the temple to the petitioner. Through the said order the Fit Person was appointed.

BRIEF FACTS

3.(i) The brief facts as stated in W.P.(MD)No.25273 of 2023 and W.P. (MD)No.12566 of 2024 are that the writ petition is filed by the President-cum- Treasurer of the Sri Sudda Ratheneswara Swamy Private Trust Temple namely, Madhusudan Dilipsinh Mohite and the temple is situated at Soorakkottai Village, Thanjavur which is a private trust temple administered by the said Madhusudan Dilipsinh Mohite, who is the present writ petitioner. The private trust was created in the year 1943 and registered on 31.01.1943 vide Doc.No.444 of 1943 by one Late Venkatarao Mohite, the grandfather of the president President. The deed is subsequently amended in Doc.No.148/2023 dated 19.07.2023, wherein the petitioner is the President-cum-Treasurer and one Satwasheel Udayashil Mohite is the Secretary. The president, secretary and other members totally 14 members belong to the same family. The temple administration and its agricultural lands are being managed by Trust.

3.(ii) The respondents attempted to interfere in the administration of the temple in the year 1962, hence the petitioner’s forefathers had filed O.A.No.61 and 83 of 1962 before the Deputy Commissioner of HR&CE to declare that the temple is private temple and the same was dismissed. Aggrieved over the petitioner had filed an appeal in A.P.No.2 and 3 of 1966 and the same was also dismissed. Hence O.S.No.44 and 45 of 1969 on the file of Sub Court, Thanjavur was filed to declare the temple is a private temple and the same was decreed with cost. The respondents had preferred appeal in A.S.No.257 of 1975 and the same was dismissed. Against which no appeal was filed and the same had attained finality.

3(iii). Thereafter, the Authorized Officer under Tamil Nadu Land Reforms (Fixation of Ceiling of Land) as amended by Act 17/1970 initiated action by issuing notice to submit return against the agricultural lands of the temple admeasuring 152.21 acres in S.No.398/1B, 3.63 acres and other survey numbers equivalent to 89.981 standard acres. The temple submitted reply on 11.11.1978 stating it is a private trust temple and not public temple and it is not coming within the purview of HR&CE. But the authority had declared the holding of 15 standard acres as excess. The temple had preferred appeal in LTC No.Ma.15 of 1979 on the file of Land Tribunal (District Revenue Officer) and the same was dismissed on 12.11.1979, wherein it is held that the Temple Trust itself as person under section 3 (34) and hence it could ho

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2025 Supreme(Online)(Mad) 59802

The court affirmed the status of the temple as a private trust, ruling against state interference due to the absence of public claims and upheld the rights of hereditary trustees.

Cases Referred (1)